The US Supreme Court is expected to rule on that long running MGM v Grokster case sometime this month - a ruling could come a soon as this Monday. As previously reported, this case once again puts to the test the good old Betamax plea that has been used by the makers of P2P file sharing networks to avoid liability for the copyright violation committed using their software.
The Betamax plea relates to a way-old court case in which it was ruled that the makers of Betamax video recorders could not be held liable for people who used their technology to pirate movies. The same logic has been applied to the makers of any technology used for copyright piracy - providing said technology has legitimate uses. So far the courts have been keen to uphold the principle, even in light of the scale of global piracy P2P software can enable. So much so, some reckon the latest case is the entertainment industry's last chance to get the concept overturned without instigating an actual change in the law. Meaning that, while the plaintiff is a film studio, the outcome of the case is very important to the music industry.
Which will be why the US record labels have their big names on stand by to steal the news agenda when a decision is reached - oblivious of what that decision might be. The Digital Music News website has got itself a copy of a letter sent by one label to the management of one of its senior artists which runs thus: "The Supreme Court will be announcing their determination as early as next Monday, Jun 13 or any consecutive Monday this month. It is absolutely crucial that the music community, including individual artists, weigh in and react to the decision to set the tone and get the message out to the public and the media on what the Court decides. Of course, no one knows what that decision will be. However, it is safe to say that a good decision should be trumpeted to the public and other possibilities given reaction so that the public is aware of the effect on those who create music". Activity the letter suggests artists may want to undertake include: "appearing on major news outlets, including morning shows, as soon as the decision is reached" and "taping an on-camera statement for a video news release." Whatever the result, the music industry doesn't want to be represented by dull lawyers when the media focuses on the story. Much better the millionaire rockers who stand to lose a few quid through P2P file sharing.
As previously reported, should the Supreme Court decide against the content owners, moves are already under way to persuade US Congress to change the law to remove the Betamax plea. The industry has a lot of sympathy in the American political community, though attempts to change the law might be hindered by the lobbyists hired by the big electronics firms who worry they too might find themselves liable for copyright theft should the law change.